Revolutionary War Pension and Bounty Land Warrant Application File S. 29,790, Levi Fay, Mass.

SERVICE
NUMBER
Mass
Fay, Levi.
S 29.790
CONTENTS

5770.
Massachusetts
Levi Gay
of Hampden in the State of Mass who was a Private in the company commanded by Captain Boogood of the regt commanded by Col Mason in the Mass line for Reay .
Inscribed on the Roll of Mass at the rate of 80 Dollars ~ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5 th day of Feby 1833 and Sara  Francis Betsey  Brimfield Mass
Arrears to 4th of Sep 1832 $120~ Pens=ant. allowance ending 4 Mar 33 40~ $160~
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G. H. Blair Clerk Book 2 - Vol. 25 / Page 57 .

Levi Fay of Brumfield Mass application for Pension
Private
2 Years Col. Mil- ton's Regt Mass adv
Please transmit to Francis B. Stebbins Brumfield Mass.
$80 -
to be paid to him

Declaration in order to obtain the benefit of the Act of Congress of the 7 th of June 1832 State of Massachusetts } ss. County of Hampden }
On this ninth day of October in the year of our Lord One thousand Eight Hundred & thirty two personally appeared before the Court of Common Pleas holden at Springfield within & in the County of Hampden & now sitting Levi Fay a resident of Primfield within the said County of Hampden & State of Massachusetts who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7 th 1832: That he entered into the service of United States in April 1775, & took the place of Elijah Fay as substitute for him in the company of Capt Warham Parks in Col. Timothy Danielson's Regiment, & served six months in said Company near Boston; that in the fall of the same year he enlisted for one year into a company under the command of said Capt Warham Parks in Col. Larned's Regiment of the Massachusetts line & continued with said Company near Boston till the Spring of 1776 when he marched with the Army to New York & New Jersey where he served out the time of his enlistment; that in the month of September he became lame from a fever sore, & in consequence of it returned home as soon as his time was out; that in the Spring of 1777 he enlisted as a private soldier for three years into the company of Capt William Goodgood in Col. Nixon's Regiment of Infantry in the Massachusetts line & that he served out the said term of three years in said Regiment. That he resided in Primfield when he entered the service & has resided there ever since while not in the army: That

that he has once been placed on the Pension Roll under the Act of Congress of March 18 th 1818 but that he has been stricken off from the same on account of property; that he applied for restoration to the Pension Roll in 1829, but was rejected for alleged informality in some part of the evidence about a contract with his son Levi Fay Jr; that in 1830 he petitioned Congress for restoration, & that at the last session of Congress, a Bill in favor of his restoration (as he has been informed) passed the House of Representatives, but was stopped in the Senate after the time of the passage of the act of June 7 th 1832.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and he declares that his name is not on the Pension Roll of the Agency of any State, except on that of the Agency of the State of Massachusetts & he herewith transmits the Pension Certificate which he formerly received.
Sworn to & subscribed the day & year aforesaid
Levi his  Fay mark
And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier & served as he states
I John Ingersoll Clerk of the Court of Common Pleas within & for the county of Hampden do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Levi Fay of Brimfield in said County for a pension In testimony whereof I have hereunto set my hand & seal of office this ninth day of October A.D. 1832 John Ingersoll Clerk
Oct 9 1832 J.W. of ... year as ...

WAR DEPARTMENT.
Revolutionary Claim
I CERTIFY, That in conformity with the Law of the UNITED STATES, of the 18 th of March, 1818, Levi Fay, late a Private in the Army of the Revolution is inscribed on the Pension List, Roll of the Massachusetts Agency, at the rate of Eight dollars cents per month, to commence on the 30 th day of April one thousand eight hundred and eighteen
GIVEN at the WAR OFFICE of the UNITED STATES, this 20 day of May one thousand eight hundred and eighteen
J. C. Calhoun Secretary of War

end 4 th p. 9.
gov. of each year as in Branch Bank in Boston.
Recorded [Signature]
Prof. 7

L. W. Fay
8 17 5.7

see letter May 13. 1829 to T. B. Stebbins. to same 16. September 1829. to same 6. April 1830. to Hon: J. C. Bates, 23 Jany 1832. papers in relation to his app n under act May 1, 1829 returned to Hon. J. C. Bates H. R. Feb. 14. 1832
609
Massachusetts Roll
Levi Fay 4 Mass Line. Private 1777-30 Years.
In the army of the United States during the Revolutionary War
Inscribed on the Roll of Massachusetts at the rate of Eight Dollars per month, to commence on the 30 th of April 1818
Certificate of Pension issued the 20 th of May 1818 and sent to Hon. Saml. Putnam, Salem, Mass.
Arrearages to 4 th Sept r 1818 4 months 5/30 $ 33.33
{ Revolutionary claims, } { Act 18th March, 1818, }
Feb y 8 th 1818
Brimfield Hampden
(60)

29 790 Rev INVALID.
den
File No. 29,790
Levi Shay
Dis Rev War
Act: June 7 th 1829
Index:—Vol. 2 , Page 181
[Arrangement of 1870.]

Free
Hon. John H. Eaton Secretary of War Washington City
Pension Office Feb. 26. 1836.

Wrimfield March 26. 1830 Hon. Saml. H. Eaton Secy of War.
Sir, In the case of Levi Fay, a revolutionary soldier, who has applied for restoration to the Pension List, I rec d a communication from your Department in Sept. last, requesting further evidence. The evidence required has long since been procured, but in consequence of the severe illness, & absence of the Clerk of our Courts, the papers were not all duly authenticated till the present month. That evidence is herewith transmitted.
There is, however, one exception, where the proof required by the Department is not furnished, because it is not now, & never was, in existence. In the letter from the Pension Office I am thus directed; "it is stated that Levi Fay Junior has been paid $400, on account of labor. On this part of the case it will be necessary to prove that a written contract was executed between the father and the son prior to the performance of the alleged services."
In relation to this part of the case, permit me to remark, with all due submission, that, if the foregoing quotation is a rule unalterably established, its operation in this case, and probably in others arising in this State may be to exclude from the Pension List a necessitous soldier who is eminently entitled to this bounty of our country.
I am not conversant with the system of regulations which the Pension Office have established (and wisely no doubt) to govern them in their important duties. I hope you will pardon me, therefore, if I observe that, were I to judge from the little knowledge I have of that system, as well as from the case now before us, I should suppose it to be just and proper that the War

Department should take into consideration the laws of the State wherein the case arises, & that no higher, or different kind of evidence should be required to prove a contract, than the highest judicial courts of that State would require to enforce & establish that contract in a case coming coming before them for adjudication. You, Sir, are no doubt familiar with the rule which is recognised by all Courts of Justice, that the laws of the place where the contract is made, ought to govern the construction of that contract.
Now, by the laws of this State, nothing more than verbal evidence is required in our courts to prove or enforce a contract made by the father with the son, for services rendered by the son after he was 21 years of age. As no written evidence would be required to enforce such a claim, the parties to the contract would not think it necessary to reduce it to writing. The son when he has attained the age of 21. years, is entirely emancipated from the father's control, & he is himself entitled to enjoy all the fruits of his industry. If the son, after that age, is requested by the father to labor in his service, that son is just as much entitled by law to recover the value of his services, as a stranger would be, to the value of services rendered by him; and not written contract is required in either case to prove the claim.
If therefore Levi Fay Junr. could have compelled his father, by a suit at law, to pay for those services, without proving a written contract, & his father in consequence of that liability paid him, it seems to me to be right and proper that the same degree of evidence only, should be required to prove that the father has paid the son what was due for his services. And here I beg leave to urge upon your notice the fact that all of those services, or at least a part of them

I do not precisely remember which were performed previous to March 1818 so that it is extremely improbable, any fraud upon the Government could have been intended. The note too was given about that time when Levi Fay could not have anticipated his present abject poverty.
I cannot but hope that in this case you will not require proof of a written contract, provided you are satisfied that I have stated the law of this state correctly. I shall therefore write to the Hon. Isaac C. Bates, who is a M. C. for this District and a distinguished lawyer, & request him to give you further information.
I may perhaps write to Hon. John Davis who is also a M. C. from this state and an eminent member of the same profession. With both of these Gentlemen I am personally acquainted.
I am with respect
Your ob t serv t
Francis B. Stebbing

Soldiers Fortune March, 10 th , 1700
LEVI FAY having faithfully served three years, 11 which completed the Term of his Indistment as a Soldier in the Sixth Massachusetts Regiment , he is therefore hereby Discharged the Service of the United States .
Given under my hand in Quarters at the place and time abovementioned
To all Concerned }
Peter Harwood Major Comd g

Levi Fay.
Levi Fay. -

Levi Faye of Brimfield, in the County of Hampden and Commonwealth of Mass- achusetts, testifies, deposes and says,
That he enlisted into the Army of the United States, as a soldier, March 10. 1777 for three years and served out the term of his enlistment & then recd. an honorable discharge from the Service. That he belonged to Col. Moxon's Sixth Massachusetts Regiment & to Capt. Fox- -good's company. That from his reduced circumstances, he needs assistance from his country for support. — Levi Faye That his discharge is hereto annexed — that he is sixty four years of age. — & relinquishes any pension to which he might be entitled by the Laws of the U.S.
Levi Faye
Commonwealth of Massachusetts Hampden ss. April 30. 1818. Personally ap- peared Levi Faye, above named by me Samuel Buttsman, one of the Justices of the Supreme Judicial Court of said Commonwealth and made oath to the truth of the above declaration by him sub- scribed, and thereby certify the testimony in the case to the Hon.ble Secretary of the War de- partment of the United States — and that it appears to my satisfaction that the said Levi Faye did serve for three years at one period of the Revolution- ary war on the Continental Establishment against the Common Enemy, as is stated in the discharge hereto

I Thomas Fay of Brimfield in the county of Hampden do swear that I know that Levi Fay within named served as he has within stated - 30 Ap. 1818 Thomas Fay
Sworn to
Before me
S. Putnam Just S. J. Court of Mass } }
hereto annexed - Given under my hand and the seal of said Court this 30 th April A.D. 1818 - S. Putnam Just S. J. Court of Mass } }
Commonwealth of Massachusetts Hampden ss. April 30. 1818 I. John Ingersoll Clerk of all the Judicial Courts of said Com- monwealth for said County of Hampden hereby certify that Samuel Putnam is a Judge of the Supreme Judicial Court of said Commonwealth; that the above signa- ture is his proper hand writing and that the Seal here affixed is the proper Seal of said Court.
Attest. John Ingersoll Clerk

E
Pension Office
14th Sept. 1829.

Hon John
H. Eaton
Secy of War
Washington

Brumfield Sept. 10 1829 Hon. John H. Eaton Secy of War Department U.S.
It has become my duty again to address to you the application of Levi Fay for restoration to the Pension list. He confidently hopes that with the evidence he has now furnished he shall be able to obtain a reward for his services at the hands of a just and Compassionate Administration.
I ought to state that amidst the hurry which a session of the court brings with it to a professional man, I omitted to insert in the declaration sub- scribed & sworn to by said Fay, the manner in which the sum of $150. borrowed of H. Sessions Esq. was disposed of. I ought to have stated that it was paid to his son Levi Fay Junr. to apply on the note for $400 given by the father to him. The sum of $87. recd. for a horse & $150. as above applied on that note and the Balance of said note was assumed by Holbrook. The worthy old soldier is rather infirm in mind as well as body & on that account not so well able to give a very minute account of all his dealings so long ago as 1818 or 1820. But I doubt not the evidence transmitted is sufficient.
I am with Respect
Yours ob t serv t
Francis B. Stebbins

I Christopher Ward of Brimfield in the county of Hampden and Commonwealth of Massachusetts, Yeoman, of lawful age, testify depose and say, That I was well acquainted with Mr. Levi Fay of Brimfield aforesaid during the Revolutionary War, & that I served as a soldier in the same company with him during the space of Four years & eight months in that war. My first knowledge of him in the service was in May 1775. I served with him for eight months from said time in the company, commanded by Capt. Joseph Thompson belonging to the Regiment of Col. Timothy Danielson. We both of us then enlisted for One year into the company of Capt. Warham Parks in the Regiment of Col. Learned, and served during the whole of the year 1776 in that Regiment. We both of us afterwards enlisted for three years into the company of Capt. William Goood in the Regiment commanded by Col. Thomas Nixon. This term of service commenced in the year 1777 and I served with him in said company during the full term of Three years. And further the Deponent saith not
Christopher Ward
Hampden Ss. March 11 th 1829
Then the above named Christopher Ward personally appearing made solemn oath that the foregoing Deposition by him subscribed containing the truth, Refuse me Francis B. Stebbins, Justice of the peace

By Zadok Nichols of Brimfield in the County of Hampden and Commonwealth of Massachusetts Yeoman, do testify depose and say. That during the Revolutionary war I was well acquainted with Mr. Levi Fay of said Brimfield; That I enlisted into the Regiment commanded by Col. — Larned and the Company of Capt Warham Parks, belonging to the line of the State of Massachusetts, on the Continental establishment That I joined my Company in December 1775 or about the first of January 1776 and found the said Levi Fay there at that time and served with him in the same Company during the whole of that year And further the De- ponent saith not Zadok Nichols
Hampden ss. March 9 th 1829 Then the above men- tioned Zadok Nichols, personally appearing made solemn oath that the foregoing Deposition by him subscribed, is just and true in all its parts
Before me Francis B. Stebbins, Justice of the peace
Hampden ss Commonwealth of Massachusetts
I John Ingersoll Clerk of the Judicial Courts within for the County of Hampden do certify that Francis B. Stebbins Esq. is a justice of the peace within for said County of Hampden duly Commissioned & qualified agreeable to the laws of said Commonwealth that full faith & credit is & ought to be given to all acts done by him in said capacity — & that signature of Francis B. Stebbins to the two foregoing depositions is his proper hand writing In testimony whereof I have hereunto set my hand & affixed the seal of the Court of Common Pleas this twenty third day of March in the year of our Lord one thousand eight hundred & twenty nine John Ingersoll